Madam Speaker, this has been a week for America, fighting the H1N1 virus and coming together as a Nation. But at the same time, this Congress and this administration have invested in America's going forward with passing our budget…
Madam Speaker, this has been a week for America, fighting the H1N1 virus and coming together as a Nation. But at the same time, this Congress and this administration have invested in America's going forward with passing our budget resolution and thank, thank, thank whoever you desire to thank, including the sponsors of this bill, finally a credit cardholders' bill of rights.
Last year in 2008, $19 billion in penalty fees on families with credit cards dealing with late fees, over-the-limit fees, and other penalties. This year, $20 billion. This is crashing down on the heads of hardworking families, college students. Enough is enough.
I am proud to stand up and support legislation that says to the American people you are in charge, not the abusive, under-the-table focus of credit card companies who continuously handle their business wrongheadedly, charging over-the-limit fees. And, therefore, this bill will limit to three the number of over-the-limit fees companies can charge for the same transaction. Can you imagine, they were doing it over and over and over again. It ends unfair double-cycle billing, ends the fact that you might be paying your
bill on time and yet they raise your interest rate without notice.
An amendment that I support as well is one that indicates if you were to lose your card, the credit card company should notify credit cardholders 30 days before closing their account, give the reason foreclosure, options to keep the account open, programs available to repay the balance, and the resulting impact on their credit card score.
Sometimes people are surviving on their credit card, but they're paying their bill. But yet the credit card companies have no mercy. And they don't have any mercy when they go after our children on college campuses and the parents don't even know that the children have it. Limit the credit card balance or the amount when young people are involved.
This is a great bill. Thank goodness for the credit cardholders' bill of rights for the American people.
Madam Speaker, Americans are taught to work hard and make money and to buy a house, but we are never taught about financial literacy. In these tough economic times, it is imperative that Americans know about financial literacy; it is crucial to our survival. Americans need to be prepared to make informed financial choices. Indeed, we must learn how to effectively handle money, credit, debt, and risk. We must become better stewards over the things that we are entrusted. By becoming better stewards, Americans will become responsible workers, heads of households, investors, entrepreneurs, business leaders and citizens. I add my appreciation to Carolyn Maloney and Luis Gutierrez for their hard work.
I am reminded of how important this issue is to American society, as I was invited to attend a financial literacy roundtable panel on Monday evening at the New York Stock Exchange. The panel was sponsored by the Hope Literacy Foundation. The panel was moderated by John Hope Bryant. I was surrounded by some of the great financial literacy experts in the nation. At the roundtable, I discussed the importance of financial literacy for college and university students. It is important that students be taught financial literacy. The facts about students and financial literacy are astounding.
In 2008, 84 percent of undergraduates had at least one credit card. This figure is staggering. Young people who themselves might not even have a job are able to get credit cards. This is astounding because it begins the cycle of indebtedness.
Recent studies have indicated that young people do not even know basic financial topics such as the impact of student loans on one's credit, how to balance a checkbook, and the impact of automobile loans on one's credit.
Because of my concern that young people are not sufficiently informed about financial literacy, I have offered this amendment: To require financial literacy counseling for borrowers, and for other purposes.
This amendment is important because approximately two-thirds of students borrow to pay for college according to the Center for Economic and Policy Research. Moreover, one in ten of student borrowers have loans more than $35,000. Passing this legislation will ensure that our nation's college students will be more prepared when incurring student loan debt and help them to avoid default as student loans severely impact one's credit score. Currently there is about $60 billion in defaulted student loan debt.
Many students do not understand the reality of repaying student debt while taking out these loans. While most Americans have debt of some kind, student loan repayment is especially scary, as one cannot just declare bankruptcy and have their loans discharged. Due to the lack of financial literacy counseling for borrowers, student loan payments are often higher than expected. Recent grads are unable to afford the monthly payments resulting in them living paycheck to paycheck, acquiring credit card debt and in extreme cases, grads leaving the country in order to avoid repayment and debt collectors.
Students and parents are not currently receiving the proper or any information of the burden that their student loans will have once they graduate. This is possibly a result of the relationship between student loan companies and universities, as some lenders offer universities incentives to steer borrowers their way.
College campuses are one place that young Americans are introduced to credit and the possibility of living beyond their means. With proper loan and credit counseling the burden of debt incurred in college could be greatly reduced. Especially in this time of recession, financial literacy is one of the most important tools that we can give to our students in order to ensure their success in the future.
This amendment will provide financial literacy training to students taking out Federal Student Loans and will require a minimum of 4 hours of counseling including entrance and exit counseling. Counseling will include the fundamentals of basic checking and savings accounts, budgeting, types of credit and their appropriate uses, the different forms of student financial aid, repayment options, credit scores and ratings, as well as investing.
I support the rule and urge my colleagues to do likewise.
The rule prevents card companies from unfairly increasing interest rates on existing card balances--retroactive increases are permitted only if a cardholder is more than 30 days late, if a promotional rate expires, if the rate adjusts as part of a variable rate, or if the cardholder fails to comply with a workout agreement.
The rule requires card companies to give 45 days notice of all interest rate increases or significant contract changes (e.g. fees).
Requires companies to let consumers set their own fixed credit limit that cannot be exceeded.
Prevents companies from charging ``over-the-limit'' fees when a cardholder has set a limit, or when a preauthorized credit ``hold'' pushes a consumer over their limit.
Limits (to 3) the number of over-the-limit fees companies can charge for the same transaction--some issuers now charge virtually unlimited fees for a single violation.
Ends unfair ``double cycle'' billing--card companies couldn't charge interest on debt consumers have already paid on time.
If a cardholder pays on time and in full, the bill prevents card companies from piling additional fees on balances consisting solely of left-over interest.
Prohibits card companies from charging a fee when customers pay their bill.
Many companies credit payments to a cardholder's lowest interest rate balances first, making it impossible for the consumer to pay off high- rate debt. The bill bans this practice, requiring payments made in excess of the minimum to be allocated proportionally or to the balance with the highest interest rate. Protects Cardholders from Due Date Gimmicks.
Requires card companies to mail billing statements 21 calendar days before the due date (up from the current 14 days), and to credit as ``on time'' payments made before 5 p.m. local time on the due date.
Extends the due date to next business day for mailed payments when the due date falls on a day a card company does not accept or receive mail (i.e. Sundays and holidays).
Establishes standard definitions of terms like ``fixed rate'' and ``prime rate'' so companies can't mislead or deceive consumers in marketing and advertising.
Gives consumers who are pre-approved for a card the right to reject that card prior to activation without negatively affecting their credit scores.
Prohibits issuers of subprime cards (where total yearly fixed fees exceed 25 percent of the credit limit) from charging those fees to the card itself. These cards are generally targeted to low-income consumers with weak credit histories.
Prohibits card companies from knowingly issuing cards to individuals under 18 who are not emancipated.
Requires reports to Congress by the Federal Reserve on credit card industry practices to enhance congressional oversight.
Requires card companies to send out 45-day notice of interest rate increases 90 days after the bill is signed into law; the remainder of the bill takes effect 12 months after enactment.
I urge my colleagues to support the rule. Seventeen amendments were made in order. I will discuss my views on each below.
1. Gutierrez Amendment. This amendment offered by Representative Gutierrez, would allow issuers to charge consumers for expedited payments by telephone when consumers request such an expedited payment, and would make technical corrections; would require that all credit card offers notify prospective applicants that excessive credit applications can adversely affect their credit rating; would direct the Board of Governors of the Federal Reserve to suggest appropriate guidelines for creditors to supply cardholders with information regarding the availability of legitimate and accredited credit counseling services; would require all written information, provisions, and terms in or on any application, solicitation, contract, or agreement for any credit card account under an open end consumer credit to appear in no less than 12 point font; and would require that stores who are self-issuers of credit cards display a large visible sign at counters with the same information that is required to be disclosed on the application itself.
I support this amendment and I urge my colleagues to support this amendment. This amendment addresses the issue of financial literacy and ensures that the consumer is afforded information to make an informed decision about applying for and ultimately securing a credit card. Credit counseling is a key element and is of paramount importance. This amendment provides credit counseling to the consumer before the consumer gets into financial trouble.
2. Frank (MA), would require the Federal Reserve (1) to review the consumer credit card market, including through solicitation of public comment, and report to Congress every two years; (2) publish a summary of this review in the Federal Register, along with proposed regulatory changes (or an explanation for why no such changes are proposed). The amendment also requires the Federal banking agencies and the FTC to submit to the Federal Reserve, for inclusion in the Federal Reserve's annual report to Congress, information about the agencies' supervisory and enforcement activities related to credit card issuers' compliance with consumer protection laws.
I support this amendment and encourage my colleagues to support this amendment. This amendment ensures that the FTC and the Federal banking agencies are engaging in supervisory and enforcement activities related to credit card issuer's compliance with consumer protection laws. This is important to ensure that another credit crisis is not looming and is an appropriate step to take to prevent such crises from occurring in the future.
3. Slaughter (NY)/Duncan (TN)/Hastings, Alcee (FL)/Johnson (GA)/ Christensen (VI), would set underwriting standards for students' credit cards, including limiting credit lines to the greater of 20 percent of a student's annual income or $500, without a co-signer and requiring creditors to obtain a proof of income, income history, and credit history from college students before approving credit applications.
I support this amendment. During the 1990s and 2000s, credit companies began a massive campaign of inundating university students with credit card offers. Such advertisement and easy availability of credit to students had the effect of enticing students to apply for credit. The students would then become indebted and subsequently face economic hardship. This amendment would help ensure that a student would be qualified for credit that he or she could afford. This amendment is practical and it makes sense. I support it and I urge my colleagues to do the same.
4. Gutierrez (IL)/Peters, Gary (MI)/Edwards, Donna (MD), would require credit card issuers to allocate payments in excess of the minimum payment to the portion of the remaining balance with the highest outstanding APR first, and then to any remaining balances in descending order, eliminating the pro rata option.
I support this amendment. The inclusion of this amendment would inure to consumers. I support it and urge my colleagues to do the same.
5. Pingree, Chellie (ME), would require the Chair of the Federal Reserve to submit a report on the level of implementation of this bill every 90 days until the Chair can report full industry implementation.
I support this amendment and urge my colleagues to do the same.
6. Polis (CO), would clarify that minors are allowed to have a credit card in their name on their parent or legal guardian's account.
I support this amendment. I believe that if young people are afforded credit cards and are taught how to effectively and safely use credit that it can be beneficial to them. This amendment would help in making children more financially responsible.
7. Jones (NC), would require the Federal Reserve Board, in consultation with the Federal Trade Commission and other agencies, to establish regulations that would allow estate administrators to resolve outstanding credit balances in a timely manner.
I support this amendment. Its inclusion would ensure that debts are not passed off to the state. I support this bill and urge my colleagues to support.
8. Maloney (NY)/Watson (CA), would require credit cardholders to opt- into receiving over-the-limit protection on their credit card in order for a credit card company to charge an over-the-limit fee. Allows for transactions that go over the limit to be completed for operational reasons as long as they are of a de minimis amount, but the credit card company is not allowed to charge a fee.
I support this amendment. This is the same principle that applies with respect to over the limit fees in banking accounts. The premise is reasonable and makes sense. I urge my colleagues to support it.
9. Hensarling (TX), would allow issuers to raise rates on existing balances if they provide consumers clear notification 90 days in advance, provided that the issuer has previously specified this ability to consumers in their contract and at least once every year thereafter.
I do not support this amendment. The whole idea behind this bill is to extend certain rights to the consumer. This amendment allows credit card companies to continue to raise rates without any regard as to whether the rates were reasonable in the first instance. I urge my colleagues not to support this amendment.
10. Hensarling (TX), would allow creditors to use retroactive rate increases, universal default, and `double cycle billing' practices as long as they offer at least one card option that does not have those billing features to all of their existing customers.
I do not support this amendment. The whole idea behind this bill is to extend certain rights to the consumer. This amendment allows credit card companies to continue to raise rates without any regard as to whether the rates were reasonable in the first instance. I urge my colleagues not to support this amendment.
11. Minnick (ID), would provide that the amount of a balance as of the 7-day mark, instead of the 14-day mark, following a notice of a rate increase would be protected from the rate increase.
I do not support this amendment. Allowing the balance as of the 14- day mark following a notice of rate increase that would be protected would help the consumer. I urge my colleagues not to support this amendment.
12. Price, David (NC)/Miller, Brad (NC)/Moran, James (VA)/Quigley (IL)/Lowey (NY)/Stupak (MI)/Sutton (OH), would require credit card issuers to provide enhanced disclosure to consumers regarding minimum payments, including a written Minimum Payment Warning statement on all monthly statements as well as information regarding the monthly payment amount and total cost that would be required for the consumer to eliminate the outstanding balance in 12, 24 and 36 months. Would require credit card issuers to provide a toll-free telephone number at which the consumer may receive information about accessing credit counseling and debt management services.
I support this amendment. It makes good sense and would help the consumer make informed decisions. It affords the consumer with credit counseling and debt management services which can be vital informational tools for consumers.
13. Davis, Susan (CA)/Carney (PA), Would require card issuers to notify cardholders 30 days before closing their accounts, the reason for the account closure, options to keep the account open, programs available to repay the balance, and the resulting impact on their credit score.
I support this amendment and urge my colleagues to support it. This amendment offers the consumer the last clear chance to self-help and to fix the consumers bad credit situation. Should the consumer not be able to improve the situation, the consumer must be informed about the resulting impact upon the consumer's credit score. This amendment makes sense. I urge my colleagues to support it.
14. Perriello (VA), Would require a 6-month period for a promotional rate for credit cards before the standard rate may be increased.
I support this amendment.
15. Schauer (MI), Would require creditors to post their credit card written agreements on their Web sites, and requires the Board to compile and report those agreements on its Web site.
I support this amendment. It promotes transparency.
16. Teague, Harry (NM)/Nye (VA)/Boccieri (OH)/Kissell, Larry (NC), Would restrict credit card issuers from making adverse reports to credit rating agencies regarding deployed military service members and disabled veterans during the first two years of their disability.
I support this amendment and I encourage my colleagues to do the same. This amendment ensures that veterans and servicemen are not prejudiced in their credit ratings because of deployment or disability. It is a small sacrifice for our servicemen and veterans who have given so much to protect this country. I urge my colleagues to support this amendment.
17. Schock (IL), Would allow consumers who have not activated an issued credit card within 45 days, to contact the issuing institution to cancel the card and have it removed from their credit report entirely. If after 45 days the card has not been activated it is automatically removed from any such report.
I support this amendment. It is a good commonsense amendment. I urge my colleagues to support it.
Madam Speaker, I support the rule and the amendments that I enumerated above. I urge my colleagues to do the same.